Texas 2009 - 81st Regular

Texas House Bill HB1530 Compare Versions

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1	1	H.B. No. 1530
2	2
3	3
4	4	AN ACT
5	5	relating to the licensing and regulation of health-related pest
6	6	control by the Department of Agriculture.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 76.102, Agriculture Code, is amended to
9	9	read as follows:
10	10	Sec. 76.102. AGENCIES RESPONSIBLE FOR LICENSING PESTICIDE
11	11	APPLICATORS. [(a)] The department shall license pesticide
12	12	applicators involved in the following license use categories:
13	13	(1) agricultural pest control, including animal pest
14	14	control;
15	15	(2) forest pest control;
16	16	(3) ornamental and turf pest control, except as
17	17	provided by Chapter 1951, Occupations Code;
18	18	(4) seed treatments;
19	19	(5) right-of-way pest control;
20	20	(6) regulatory pest control;
21	21	(7) aquatic pest control;
22	22	(8) demonstration pest control; [and]
23	23	(9) health-related pest control; and
24	24	(10) other license use categories as necessary to
25	25	comply with federal requirements. The department may not adopt
26	26	license use categories that are designated by statute for
27	27	regulation by another agency.
28	28	[(b) The Texas Department of Health shall license pesticide
29	29	applicators involved in the license use category of health-related
30	30	pest control.]
31	31	SECTION 2. (a) A health-related pest control license issued
32	32	by the Department of State Health Services that is in effect on the
33	33	effective date of this Act remains valid for the period for which it
34	34	was issued unless suspended or revoked by the Department of
35	35	Agriculture or the commissioner of agriculture, as applicable. When
36	36	the license expires, it is subject to renewal under Subchapter E,
37	37	Chapter 76, Agriculture Code, as amended by this Act.
38	38	(b) The Department of Agriculture shall continue a
39	39	complaint, investigation, contested case, or other proceeding
40	40	involving health-related pest control that was brought before the
41	41	effective date of this Act in accordance with the law in effect on
42	42	the date the proceeding was brought, and the former law is continued
43	43	in effect for that purpose.
44	44	SECTION 3. (a) All powers, duties, obligations, and rights
45	45	of action of the Department of State Health Services related to
46	46	health-related pest control are transferred to the Department of
47	47	Agriculture on the effective date of this Act.
48	48	(b) A rule adopted by the Health and Human Services
49	49	Commission in connection with or relating to health-related pest
50	50	control continues in effect until it is amended or repealed by the
51	51	commissioner of agriculture or the Department of Agriculture, as
52	52	applicable.
53	53	SECTION 4. This Act takes effect September 1, 2009.
54	54	______________________________ ______________________________
55	55	President of the Senate Speaker of the House
56	56	I certify that H.B. No. 1530 was passed by the House on April
57	57	9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not
58	58	voting.
59	59	______________________________
60	60	Chief Clerk of the House
61	61	I certify that H.B. No. 1530 was passed by the Senate on May
62	62	21, 2009, by the following vote: Yeas 31, Nays 0.
63	63	______________________________
64	64	Secretary of the Senate
65	65	APPROVED: _____________________
66	66	Date
67	67	_____________________
68	68	Governor